Allahabad High Court
SONU YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as it was not pressed by the applicant.
Summary
The applicant, Sonu Yadav, filed an application under Section 528 of the BNSS seeking to quash a summoning order dated 10 July 2025 and the entire proceedings of Crime No. 66 of 2024, which involved offences under Sections 411, 413, 414 and 420 of the IPC. The application was filed before the High Court of Judicature at Allahabad. During the hearing, the applicant’s counsel, Amrish Tiwari, indicated that the applicant no longer wished to pursue the application. The Court noted that the application was not pressed and therefore could not be entertained. Consequently, the Court dismissed the application, granting the applicant liberty to file a suitable application before a competent court if desired. Certified copies of the documents were ordered to be returned to the applicant’s counsel.
Issues considered
- Whether an application under Section 528 BNSS can be dismissed for not being pressed by the applicant
Legislation cited
- Bail and Non-bailable Section (BNSS) — s. 528
- Indian Penal Code — s. 411, 413, 414, 420
Subjects
- Section 528 application
- quash order
- procedural dismissal
- criminal procedure
- summoning order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8018 of 2026
Sonu Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrish Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Amrish Tiwari, learned counsel for the applicants and learned A.G.A.
for the State are present.
The present application u/s 528 BNSS has been filed with prayer to quash
the summoning order dated 10.07.2025 as well as entire proceedings of
Case Crime No. 66 of 2024, under Sections 411, 413, 414, 420 IPC,
Police Station Kotwali, District Mauas, pending in the Court of Chief
Judicial Magistrate, Mau.
After some arguments, learned counsel for the applicants does not want to
press the present application.
In view of above, the present application u/s 528 BNS is dismissed as not
pressed with liberty to file appropriate application/proceedings before the
court of competent jurisdiction.
Certified copies of the relevant documents be returned to learned counsel
for the applicants after retaining a photocopy of the same.
(Sanjay Kumar Pachori,J.)
March 18, 2026
A.N. Mishra
Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad
Checking your session…